Danielle Borthwick
Danielle has experience in both the contentious and non-contentious aspects of corporate and personal insolvency law.
She has a particular focus on the appointment of insolvency office holders and business and asset sales. She regularly advises secured lenders on the enhancement and enforcement of security, exit strategies, and also deals with the appointment of fixed charge receivers.
Danielle deals with asset tracing, other forms of recovery action and has experience in contentious insolvency work. She also has expertise in advising on complex personal insolvency issues regularly providing advice on these issues to lender clients and Official Receiver offices nationally.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2013
Qualification
- LLB (2008)
Education
- University of Reading (2008)
1 Contributions by Danielle Borthwick
CHECKLISTS
Freezing injunctions in corporate and personal insolvency: step-by-step checklist for urgent applications, evidence, model orders, undertakings, WFOs, disclosure and enforcement (England and Wales)
Introduction to freezing injunctions and scope of this checklist
A freezing injunction (also known as a freezing order) is a temporary court order that prevents a respondent from disposing of or transferring its assets out of the relevant jurisdiction—namely England and Wales—or, in the case of a worldwide freezing order (WFO), from moving them anywhere in the world. The court’s principal aim in granting such relief is to preserve the respondent’s assets so that, if the applicant later obtains judgment against the respondent, there will be assets available for recovery by the applicant and, if necessary, enforcement action. This Checklist explains how to make an application for a freezing injunction where claims are contemplated or already underway in a corporate or personal insolvency context. As the precise circumstances of each matter must be assessed, this Checklist does not claim to be exhaustive; rather, it provides an overview of the key considerations at each stage when seeking an order of this kind. The focus throughout is asset preservation pending determination of the underlying claim. It proceeds on the basis of a corporate respondent, although (unless otherwise indicated) the same points apply equally to an individual respondent...
Restructuring & Insolvency
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